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“I know I have a good medical malpractice case. Why can't you start my case immediately?”

 

A:

The the law requires that we do a full investigation before we are permitted to file a medical malpractice lawsuit on your behalf. In fact, in medical malpractice cases in New York, we are obligated to obtain your medical records and have them reviewed by a medical expert who confirms

  1. That there was wrongdoing, 
  2. That the wrongdoing caused injury and 
  3. That the injury is significant or permanent.

Only after the expert has confirmed all three of those elements are we permitted to go ahead and file a lawsuit.

This is unlike an accident case or negligence case, where an expert is not required before starting a lawsuit.

In every single medical malpractice case NY, we must have a medical expert confirm that you have a valid basis for a case. In addition, I, as the attorney, must certify to the court that I have had your records reviewed by a qualified expert who confirms that there is a basis to proceed forward.

Injured victims who are impatient are frustrated to learn that an attorney cannot start a lawsuit immediately, despite their belief that they have a valid case. 

Over the course of my 24 year career, I have had only two clients demand that I start a lawsuit immediately.

In each of those cases, I politely explained to those injured victims that it is physically impossible to start a medical malpractice lawsuit immediately without doing a thorough and detailed investigation. That investigation can take many months before getting a definitive answer.

I told each of those prospective new clients that if they did not like my answer, they were welcome to take their potential case to another attorney and in fact I gave them a list of other attorneys they could talk to to confirm that what I was saying was accurate and true.

The fact that you believe you have a good valid case is important. However, the law requires that we conduct our “due diligence” appropriately so that I can make an intelligent decision about whether your case is right for me and my law firm.